The Georgia Court of Appeals said Wednesday that the Atlanta Botanical Garden can ban guns from its property even though the land is leased from a public entity, the City of Atlanta.
The decision springs from a lawsuit the gun rights group GeorgiaCarry.org brought on behalf of a Gwinnett County man who was told he had to leave his guns at home when he and his family visited the garden in Midtown Atlanta.
It was released on the same day students nationwide walked out of classes to show their support for greater gun restrictions in the wake of a deadly shooting at a Parkland, Fla., high school. Nikolas Cruz allegedly shot and killed 17 students and teachers on Valentine's Day, using a semi-automatic rifle he bought legally.
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The legal issue in Georgia hinged on whether the garden — which sits on land owned by the city of Atlanta — is a publicly-owned entity or private property. State law allows guns to be carried on public property, with some exceptions. But the law says firearms can be banned on private property.
The three-judge panel said the Georgia Supreme Court had long-held that it is who leases property, not the lessor, that determines private v. public. In this case, the garden is a private entity.
The case began in August 2014, when Phillip Evans called the botanical garden to ask about the weapons' policy concerning just a month after a new Georgia law took effect. That law expanded the places guns were allowed to include almost everywhere the public could go with some exceptions — courthouses, jails and and government buildings that have certified peace officers screening people as they come in.
Based on what he understood from an email exchange with a garden official, Evans openly carried a sidearm when he brought his family for a visit on Oct. 5, 2014. No one said anything to him about his gun.
But on a second trip a week later, Evans was called out for having a holstered gun on hips. Officials threatened to have Evans arrested if he insisted on keeping the gun. Evans said he needed the gun to protect his family.
Evans and GeorgiaCarry.org filed suit in Fulton County Superior Court and lost.
The case was then argued in the Court of Appeals last October.
GeorgiaCarry.org attorney John Monroe said the Legislature created a loophole when it changed the wording of the 2014 law. Initially, it said "private property owners and persons in control of property" could prohibit firearms. Then the wording in the law was changed to allow "property owners and persons in control of private property" to restrict firearms.
Monroe said GeorgiaCarry.org and Evans are “disappointed in the outcome.”
“We will consider any appropriate next steps after we have digested the opinion,” he said.
But Mary Pat Matheson, the garden’s director and CEO, said she was pleased with the decision.
“We’re committed to providing a safe environment for our guests to enjoy at the garden,” Matheson said.
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